The
Newburgh 4: The "Un-Terrorism" Case - “Equal Justice Under
the Law,” Are Words

Writers Articles And Opinions

17 June 2010

By El-Hajj Mauri’ Saalakhan

Assalaamu Alaikum (Greetings of Peace):

“Equal Justice Under the Law,” are words that can
be found on many courthouses throughout the land, but
far too often (where it applies to the socially and/or
politically marginalized) these are words devoid of
true meaning.

In the case now known as The Newburgh 4, however, a
principled jurist, U.S. District Judge Colleen
McMahon, has provided these words with the type of
substantive resonance that is long overdue.

As I sat and observed the proceedings on Monday,
June 14 - in the U.S. District Court in White Plains,
New York - not only was I pleasantly surprised to see
this judge hold federal prosecutors to a standard of
accountability uncustomary for these types of cases,
but I thought to myself, if Dr. Aafia Siddiqui and the
Fort Dix 5 (and many others) had experienced such a
fair-minded judge in their cases, the outcomes would
have probably been much different. (Surely ALLAH knows
best.)

Judge McMahon’s opening statement – before the
start of argumentation – focused on the government’s
obligation to provide the defense with most (if not
all) of the relevant documents in the case, and
included a stinging criticism for their recalcitrant
behavior spanning more than a year.

The government, for its part, attempted to raise
the national security shield, arguing in part: “This
is not an international terrorism case, but its
tentacles reach as far as that type of case.” (Judge
McMahon refused to buy into that farce.)

At one point there was a one hour break in the
proceedings to allow the prosecution time to
deliberate on whether it would comply with the judge’s
ruling regarding its Brady obligation, or appeal it.
The government decided it would appeal – which will
now push the start of the trial back even further.

Here are a few other memorable quotes from the June
14th proceeding:

“We have to do what we normally do in a case that
involves classified information.” – The Prosecution

“The defense intends to pursue a motion for
dismissal because of the outrageous government conduct
[involved in this case].” – The Defense

“Almost everything about this work is a curve
ball…but there are very few involved in this case.” –
Judge McMahon

We fully agree with the court’s assessment that the
issues in this case are clear; and further, that any
exculpatory evidence involved in this case should have
been turned over by government prosecutors long before
the anticipated start of the trial. We believe that
the government’s failure to do so – and its
recalcitrant stance in the face of Judge McMahon’s
order – graphically underscores the weakness of the
government’s case.

While not dismissing the gravity of what the
accused were reportedly willing to do, it is a well
established fact that no “conspiracy” would have
occurred without the presence, instigation and
manipulations of the government paid
agent-provocateur; a government agent who callously
preyed upon the weaknesses and vulnerabilities of each
of the accused.

At the end of the day, the “tentacles” of which the
government spoke, were those generated by the
government’s own actions in this alarming case.
The Newburgh 4 case has the potential to assist the
growing anti-preemptive prosecution movement in a very
significant way. It is for this reason that we
strongly encourage concerned citizens of all stripes
to follow this case closely. The next proceeding will
be a bail hearing at 10 am on Monday, June 21. (Family
and supporters will gather in front of the courthouse
at 9 am.)

In the struggle for peace thru justice,

El-Hajj Mauri’ Saalakhan is the director of THE
PEACE THRU JUSTICE FOUNDATION